Ordinance 047ant
City of Chanhassen
Carver and Hennepin Counties, Minnesota
Ordinance 47 -AN
AN ORDINANCE AMENDING SECTION 22 (BOARD OF ADJUSTMENTS AND
APPEALS; VARIANCES) OF ORDINANCE NO. 47 AS AMENDED HERETOFORE AND
ENTITLED "CHANHASSEN ZONING ORDINANCE NO. 47".'
The Chanhassen City Council ordains:
SECTION 1. Section 22 of Ordinance No. 47 is hereby amended to
read as follows:
22.01 Creation and Membership. There is hereby created a
Board of Adjustments and Appeals which shall consist of three
regular members and one alternate member all of whom are to be
annually appointed by the City Council. Three members of the
Board shall constitute a quorum. The alternate member shall be
empowered to vote only if a regular member is absent from the
Board meeting. The Board shall serve without compensation. Its
members shall serve a term of one year beginning on the first day
of January or until their successors are appointed. The Board
shall select one of its members as chairperson and appoint a
secretary who may, but need not, be one of its members.
Administrative services for the Board shall be furnished by the
• Council.
22.02 Powers and Duties. The Board shall have the following
powers and duties:
1. To hear and decide appeals where it is alleged that
there is an error in any order, requirement, decision,
or determination made by an administrative officer in
the enforcement of this ordinance.
2. To hear requests for variances from the literal provisions
of the ordinance in instances where their strict enforcement
would cause undue hardship because of circumstances unique
to the individual property under consideration, and to grant
such variances only when it is demonstrated that such actions
will be in keeping with the spirit and intent of the ordi-
nance. "Undue hardship" as used in connection with the
granting of a variance means the property in question cannot
be put to a reason -able use if used under conditions allowed
by the official controls, the plight of the landowner is due
to circumstances unique to his property not created by the
landowner, and the variance, if granted, will not alter the
essential character of the locality. Economic considerations
alone shall not constitute an undue hardship if reasonable
use for the property exists under the terms of the ordinance.
Undue hardship also includes, but is not limited to, inade-
quate access to direct sunlight for solar energy systems.
Variances shall be granted for earth sheltered construction
as defined in Minnesota Statutes Section 116J.06, Subdivision
2, when in harmony with the ordinance. The board shall not
• permit as a variance any use that is not permitted under the
ordinance for property in the zone where the affected
person's land is located. The Board may permit as a variance
the temporary use of a one family dwelling as a two family
dwelling. The board may impose conditions in the granting of
variances to insure compliance and to protect adjacent pro-
perties.
3. The Board shall not be empowered to hear requests for lot
width, lot depth and lot area variances in conjunction
with the subdivision of land.
22.03 Variance, Findings Required. The Board shall not grant
a variance unless they find the following facts:
1.
That there are special circumstances or conditions
affecting the land, building or use referred to in the
application for the variance.
2.
That the granting of the variance is necessary for the
preservation and enjoyment of substantial property
rights.
3.
That the granting of the application will not be
materially detrimental to the public welfare or injurious
to property in the area adjacent to the property for
•
which the variance is sought.
4.
That the grant of the variance will be in keeping with the
spirit and intent of this ordinance.
22.04 Appeals. Where it is alleged that there is an error
in any order, requirement, decision, or determination made by an
administrative officer in the enforcement of this ordinance,
appeals shall be filed within thirty (30) days after the date of
the issuance of such order, requirement, decision or determination.
22.05 Procedures.
1. Form. Appeals and applications for variances shall be
filed with the Zoning Administrator on forms prescribed
by him. A fee, as established by the City Council, shall
be paid upon the filing of an application for a variance.
2. Hearing. Upon the filing of an appeal or application for
variance, the Zoning Administrator shall set a time and
place for a hearing before the Board of Adjustments and
Appeals on such appeal or application, which hearing
shall be held within 30 days after the filing of said
appeal or application. At the hearing the Board shall
hear such persons as wish to be heard, either in person
• or by attorney or agent. Notice of such hearing shall be
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mailed not less than 10 days before the date of hearing
• to the person who filed the appeal or application for
variance to the Chairperson of the Planning Commission, and, in
the case of an application for a variance, to each owner of
property situated wholly or partially within 350 feet
of the property to which the variance application relates
The names and addresses of such owners shall be determined
by the Zoning Administrator from records provided to him by the
applicant.
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3. Decisions of the Board. The Board shall be empowered to
decide appeals and grant variances only when the decision
of the Board is by a unanimous vote.
A simple majority vote or split vote by the Board shall
serve as a recommendation only of the Board to the City
Council, who shall then make the final determination on
the appeal or variance request within thirty (30) days
after receipt of the Board's action.
The Board shall act upon all appeals and variance
requests within fifteen (15) days after the date of the close
of the required hearing. The decision of the Board shall be in
writing and shall set forth specific findings of fact. A copy
of the Board's decision shall be transmitted to the appellant
or applicant by mail within fifteen (15) days from the date of
the Board's decision.
4. Appeal from Decisions of the Board. Any person or persons,
jointly or severally aggrieved by any decision of the Board,
including the applicant or any person owning property or
residing within 350 feet of the property to which a
variance application relates, may appeal such decision to
the City Council by filing an appeal with the Zoning
Administrator within fifteen (15) days after the date of
the Board's decision. The procedure governing appeals to
the Board shall also govern appeals to the City Council.
5. Council Action. The City Council may reverse, affirm or
modify, wholly or partly, the decision appealed from the
Board. The Council shall decide all appeals within thirty
(30) days after the date of the required hearing thereon.
6. Denial. variances may be denied by the Board and the
Council, and such denial shall constitute a finding and
determination that the conditions required for approval
do not exist. No application for a variance which has
been denied wholly or in part shall be resubmitted for a
period of six (6) months from the date of such order of
denial, except on grounds of new evidence or proof of
change of conditions found to be valid by the Board of
Adjustments and Appeals.
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7. Action Without Decision. If no decision is transmitted
by the Board to the City Council within sixty (60) days
. from the date an appeal or variance request is filed with
the Zoning Administrator, the Council may take action on
the request, in accordance with the procedures governing
the Board, without further awaiting the Board's decision.
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22.06 Revocation. A violation of any condition set forth in
granting a variance shall be a violation of this ordinance and
shall automatically terminate the variance. A variance shall
become void one year after it was granted unless made use of
within the year.
SECTION 2. This ordinance shall become effective from and
after the date of its passage and official publication.
Passed and adopted by the Chanhassen City Council this 13th
day of February , 1984.
ATTEST:
Don Ashworth, City Manager Th m t. amilton,'Mayor
(Publish in the Carver County Herald on February 22 1984.)
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